short description of The gujarat slum areas (improvement, clearance and redevelopment) act, 1973 ppt

1. The Gujarat Slum Areas (Improvement,
Clearance and Redevelopment) Act,
1973

2. Content:
• The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973……….
CHAPTER 1.. Declaration of Slum Areas………………………………………………….
CHAPTER 2.. Prevention of Growth of Slums…………………………………………….
CHAPTER 3.. Improvement of Slum Areas……………………………………………….
CHAPTER 4.. Slum clearance and Re-development………………………………….
CHAPTER 5.. Protection of tenants in slum areas from eviction…………………….
CHAPTER 6.. Slum Clearance Board……………………………………………………..
• Key words…………………………………………………………………………………………………...
• The Regulation for the rehabilitation and Redevelopment of the slums, 2010…………….....
• Policy for in-situ rehabilitation of slums situated on public land by public-private
partnership under Mukhya Mantri GRUH (Gujarat Rural Urban Housing) Yojana, 2013……..
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3. The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973
An Act to provide for the improvement and clearance of slum areas in the State of Gujarat an
d for their development; and for matters connected with the purposes aforesaid.
CHAPTER 1.. Declaration of Slum Areas.
- Any area is a source of danger to the health, safety or morals pf the inhabitants of that area
or of its neighbourhood.
- The area being Low-laying, insanitary, squalid, over-crowded or unfit for human habitation.
- Narrowness or faulty arrangement, of streets, lack of ventilation, light or sanitation facilities, or
any combination of these factors, detrimental to safety, health or morals.
- In determining whether a building is unfit for human habitation, for the purposes of this Act, r
egard shall be bad to its condition in respect of the following matters, that is to say,—
(i) repair.
(ii) stability,
(iii) freedom from damp,
(iv) natural light and air,
(v) water-supply,
(vi) drainage and sanitary conveniences,
(vii) facilities for storage, preparation and cooking of food and for the disposal of waste water,
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4. CHAPTER 2.. Prevention of Growth of Slums.
- Owner or occupier send statement to the State government to prevent effectively the grow
th of slums or to provide for improvement and clearance of slum areas.
- The prescribed authority took inquiry for correctness of statement and then give a notificatio
n in official Gazette with having the expiration of two years from the date thereof except as
respects things done.
- On receipt of such application, the prescribed authority either grant the permission or refuse
it. The before making an order refusing such permission, the applicant shall be given a reaso
nable opportunity to show cause way the permission should not be refused.
- Any person can appeal in the state government , an order of the prescribed authority refusi
ng to grant the permission.
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5. CHAPTER 3.. Improvement of Slum Areas.
̵ Where prescribed authority is satisfied,
I. Any slum area or any part thereof is capable of being improved so as not to be a source
of danger to the health, safety or morals of the inhabitants of that area
II. Any building being unfit for human habitation in a slum area can be rendered fit for huma
n habitation.
̵ Improvement required to be executed relate to provision of water-taps, bathing places, c
onstruction of drains, open or covered, as the case may be, provision of flush latrines or re
moval of rubbish and such works are to be executed outside the building, the notice shall
be served upon the owner of the land.
̵ Where works of improvement have been executed in relation to any land or building in a
slum area , the expenses incurred by the prescribed authority, or by any local authority, in
connection with maintenance of such works improvement or the enjoyment of amenities
and conveniences rendered possible by such works, may be recovered from the occupie
r or occupiers of the land or building of the land or building as arrears of land revenue.
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6. CHAPTER 4.. Slum clearance and Re-development
̵ Where the State Government, on a report from the Board, the prescribed authority, the lo
cal authority concerned, the Housing Board or an officer authorised by the State Govern
ment in this behalf is satisfied as respects any slum area.
̵ Slum area that the most satisfactory method of dealing with the conditions in the area is th
e clearance of such area by the demolition of the buildings in the area it may, by notificat
ion, in the Official Gazette declare the area to be a slum clearance area, that is to say, an
area to be cleared of all buildings in accordance with the provisions of this Act. The notific
ation shall be given wide publicity in such manner as may be prescribed
̵ Provided that before issuing such notification the State Government shall call upon the ow
ners of the lands and buildings in such slum area to show cause why such declaration sho
uld not be made.
̵ If any slum clearance area is not so cleared by the demolition of the buildings therein bef
ore the expiration of the period, the prescribed authority shall enter and demolish the buil
dings.
̵ Subject to the provisions of this Act and of any other law for the time being in force in relat
ion to town-planning and to the erection of buildings, the owner of any land in the slum cl
earance area to which the notification applies may redevelop the land in accordance wi
th plans approved by the prescribed authority and subject to such restriction and conditio
ns(including a condition with regard to the time within which the re-development shall be
completed).
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7. CHAPTER 5.. Protection of tenants in slum areas from eviction.
̵ whether alternative accommodation within the means of the tenant would be available to
him if he were evicted.
̵ Where a tenant in occupation of any building in a slum area vacates any building or is
evicted therefrom on the ground that it is required for the purpose of executing any work of
improvement or for the purpose of re-erection of the building, the tenant may, within such
time as may be prescribed, file a declaration with the prescribed authority that he desires
to be replaced in occupation of the building after the completion of the work of
improvement or re-election of the building, as the case may be.
̵ Where the Rent Act is in force in the area in which the building is situated, the authority to w
hom applications may be made for fixing of rents of buildings situate in that area; and for t
he purpose of determining the rent under this section that authority may exercise all or any
of the powers it lias under the said Act and the provisions of the said Act including provision
s relating to appeals shall apply accordingly
̵ Nothing in this Chapter shall apply to, or in relation to a tenant of, any building situated in a
slum area and belonging to the State Government Board or any local authority.
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8. CHAPTER 6.. Slum Clearance Board
̵ The Board shall have its own fund.
̵ The Board may accept grants, subventions, donations and gifts from the Central or State G
overnment or a local authority or any individual or body, whether incorporated or not, for a
ll or any of the purposes of this Act.
̵ All moneys received by or on behalf of the Board by virtue of this Act, all proceeds of lands
or any other kind of property sold by the Board, all rents, betterment charges and all interes
t, profits and other moneys accruing to the Board shall constitute the fund of the Board.
̵ The State Government may from time to time advance loans to the Board on such terms a
nd conditions not inconsistent with the provisions of this Act as the State Government may
determine.
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9. Key words:
• "Board" means the Gujarat Slum Clearance Board established under section 21;
• “Building” includes a house, out-house, stable, latrine, shed, hut and other enclosure or structure w
hether of masonry, bricks, wood, mud, metal or any other material whatsoever, whether used as a
dwelling or otherwise; and also includes verandas, fixed platforms, plinths, doorsteps, electric mete
rs, walls including compound walls and the fencing and the like but does not include plant or mac
hinery comprised in a building;
• “Court” means —
- City Civil Court; and
- The Court of Civil Judge (Senior Division) having jurisdiction and if there is no such Court,
- The District Court having jurisdiction;
• “Erection” in relation to a building includes extension, alteration or re-erection;
• “Housing Board” means the Housing Board constituted under the Gujarat Housing Board Act, 196
1 or the Rural Housing Board constituted under the Gujarat Rural Housing Board Act, 1972 or both,
as the case may be;
• “Land” includes building and benefits to arise out of land and things attached to the earth or per
manently fastened to anything attached to the earth
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10. • “Occupier" includes —
i) any person who for the time being is paying or is liable to pay to the owner the rent or any po
rtion of the rent of the land or building in respect of which such rent is paid or is payable;
(ii) an owner in occupation of, or otherwise using, his land or building;
(iii) a rent-free tenant of any land or building;
(iv) a licensee in occupation of any land or building; and
(v) any person who is liable to pay to the owner damages for the use and occupation of any l
and or building;
• “Owner” includes any person, who is receiving or is entitled to receive the rent of any land or buil
ding, whether on his own account or on behalf of himself and others or as an agent, trustee, exe
cutor, administrator, receiver or guardian or who is entitled to receive the rent, if the land or build
ing were let to a tenant;
• “Prescribed” means prescribed by rules made under this Act.
• “Prescribed authority” means such authority or person as the state government may by notificati
on in the official gazette appoint as the prescribed authority for the purposes of this act;
• “Rent Act” means the Bombay rants, Hostel and lodging house rates control Act,1947
• “Slum area” means any area declared to be a slum area under sub-section of section
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11. • “Slum clearance” means the clearance of any slum area by the demolition and removal of buil
ding thereform;
• “Slum clearance area” means any slum area declared to be a slum clearance area under secti
on 11.
• “Work of improvement” in relation to any building in a slum area includes the execution of any o
ne or more of the following works namely,
- Necessary repairs;
- Structural alterations;
- Provision of light points, water taps and bathing places;
- Construction of drains, open or covered;
- Provision of latrines, including conversion of dry latrines into flush latrines;
- Provision of additional or improved fixtures or fitting
- Opening up or paving of courtyard;
- Removal of rubbish,
- Replotting or realignment of streets; and
- Any other work including the demolition of any part thereof which in the opinion of the prescr
ibed authority is necessary for executing any of the works specified above.
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12. The Regulation for the rehabilitation and Redevelopment of the slums, 2010
̵ These regulations shall be applicable within the jurisdiction of the appropriate authority constitute
d under Gujarat Town Planning & Urban Development Act 1976.
̵ It shall come into force on such date as decided by order of the State Government.
̵ APPLICABILITY : These regulations shall apply to slums on lands or plots or part of lands or plots, irre
spective of the ownership.
FUNCTIONS OF THE SLUM REHABILITATION COMMITTEE (SRC):
▪ Delineate a slum area
▪ Recommend to the State Government to notify the slum area
▪ Delineate the Slum Rehabilitation Zone;
▪ Evaluate and approve the proposals of slum rehabilitation schemes;
▪ Disclose and provide information relating to any of the schemes of state or Central Government
▪ Recommend to the government to allow the benefits available under any scheme of the state o
r Central Government.
▪ Coordinate with the revenue and all other related departments.
▪ Approve the location and facilities to be provided in the transit camp;
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13. DUTIES OF THE SCHEME DEVELOPER:
The Scheme Developer shall:
▪ Acquire through ownership or the rights to develop either through purchase / lease of period
not less than 99 years;
▪ Have to pay, to the competent authority, 100% of prevalent jantri rates for the land used for
commercial purpose, if the developer intends to develop slum area on a public land;
▪ Organize all the eligible hutment dwellers into a Registered Co-operative Housing Society or a
Registered Association.
▪ Seek consent of at least 75 percent of the occupants of any slum settlement being considered
under the scheme. This consent shall contain willingness to join the slum rehabilitation scheme
and come together to form a co-operative housing society of eligible hutments through
resolution to that effect. The resolution shall contain the following points;
▪ Resolution giving the Chief Promoter the Authority to apply for registration of name for Co-
operative Housing Society.
▪ On the direction of the prescribed authority, the scheme developer shall include the Project
Affected Persons (PAP) as a part of the Cooperative Housing Society and issue him requisite
shares and allot the dwelling unit in the scheme.
▪ Once the slum rehabilitation scheme is certified to have been complete by the Prescribed
Authority, the developer shall hand over the maintenance of services to the registered co-
operative housing society.
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14. Policy for in-situ rehabilitation of slums situated on public land by public-private
partnership under Mukhya Mantri GRUH (Gujarat Rural Urban Housing) Yojana, 2013
̵ ‘Rehabilitation and Redevelopment of Slum Regulations, 2010’ had been announced vide order
dated 4-3-2010 referred above. It was under active consideration of the State Government to
make required modifications in the above regulations.
̵ In order to make urban Gujarat slum free, Government of Gujarat has announced Mukhya
Mantri GRUH Yojana for next Five Years.
̵ About seven lakh families reside in slums in the urban areas of Gujarat. State Government aims
to accord priority to rehabilitate these slum dweller families in -situ. Eligible slum dwellers families
will be provided houses of minimum 25 sq. mtr. Carpet area with basic civic amenities free of
cost.
State Government aims to achieve the following objectives by this Policy:
1. In-situ rehabilitation of the slums situated on public land in urban areas of the State ;
2. Provision of pucca houses with basic amenities having two rooms, kitchen, bath room and
latrine for slum dwellers families
3. Ownership rights of the house to the beneficiaries after 15 years.
4. Provision of hygienic and healthy life style especially for urban poor.
5. Qualitative improvement in socio-economic and environmental conditions of towns and cities
of Gujarat.
6. Attracting private investment by public-private partnership for this purpose.
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15. Gujarat Slum Areas (Improvement, Clearance and Rehabilitation) Act, 1973, the State
Government declares the following policy for in-situ rehabilitation of slums on public land in
partnership with private developers.
̵ When the Prescribed Authority constituted under this Act is satisfied
̵ Scope and Commencement
̵ Prescribed Authorities will be constituted at State and city level.
̵ Admissible Benefits to the beneficiaries
̵ Rehabilitation of slums situated on public land will be done by public-private partnership. This
will be the focal point of all such rehabilitation schemes
̵ Incentives will be given to the private developers by the prescribed authority
̵ Prescribed authority will select private developers as under by open and transparent
procedures.
̵ Transferable Developmental rights
̵ Participation of slum-dwellers
̵ Allocation of houses
̵ relaxations will be given in building bylaws for in-situ rehabilitation scheme of slums
̵ relaxations will be given in building byelaws for recipient land
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16. Thank you….
Submitted by : Anjali Jariwala
Vidhi Bhanderi